JUDGMENT

Dr. B.S. CHAUHAN, J.

1. This appeal has been preferred by the Union of India against the judgment and order dated 17.9.2012, passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No.5247 of 2012 affirming the judgment and order dated 1.6.2012, passed by the Central Administrative Tribunal, New Delhi (hereinafter referred to as the ‘Tribunal’) in OA No.495 of 2012 filed by the respondent by which and whereunder the Tribunal has quashed the suspension order passed by the appellants.

2. Facts and circumstances giving rise to this appeal are:

A. That the respondent who belongs to the Indian Revenue Service (Income Tax-1985 batch) has been put under suspension since 28.12.1999 in view of the pendency of two criminal cases against him duly investigated by the Central Bureau of Investigation (for short ‘CBI’) and in which he was also arrested on two occasions, namely, 23.12.1999 and 19.10.2000 in relation to the said cases. During the relevant time, the respondent was on deputation to Enforcement Directorate and was working as Deputy Director (Enforcement).

B. The CBI registered RC No.S18/E0001/99 dated 29.1.1999 against the respondent in respect of certain illegal